
Rescind Taiwan Relation Act
I wonder how many Americans including President-elect Obama have ever read the "Taiwan Relations Act". For the easy refernce and comment on this exiting act by the public. I therefore print it out herewith for Americans specially for the President to consider to rescind this 30 year- old useless act, in order to secure the better and larger benefit with China.This should be one of the U.S. policy that he wanted to change.
The Taiwan Relations Act is an act of the United States Congress passed in 1979 after the establishment of relations with the People's Republic of China (PRC) and the breaking of relations between the United States and the Republic of China (ROC) on the island of Taiwan by President Jimmy Carter. It more clearly defines the American position on Taiwan and its cross-strait relationship with Beijing.
Provisions
The act authorizes quasi-diplomatic relations with the ROC government by giving special powers to the American Institute in Taiwan to the level that it is the de facto embassy, and states that any international obligations previously made between the ROC and U.S. before 1979 are still valid unless otherwise terminated. One agreement that was unilaterally terminated by President Carter upon the establishment of relations was the Sino-American Mutual Defense Treaty; that termination was the subject of the Supreme Court case Goldwater v. Carter.
The act provides for Taiwan to be treated under U.S. laws the same as "foreign countries, nations, states, governments, or similar entities". The act provides that for most practical purposes of the U.S. government, the absence of diplomatic relations and recognition will have no effect.[1]
The act defines the term "Taiwan" includes, as the context may require, the islands of Taiwan (the main Island) and Penghu, which form the Taiwan Province of the Republic of CHina. The act does not apply to Jinmen or Matsu.
The act stipulates that the United States will "consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States" but does not mandate that the United States intervene in these situations.
This act also requires the United States "to provide Taiwan with arms of a defensive character", and "to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan." Successive U.S. administrations have sold arms to the ROC in compliance with the Taiwan Relations Act despite demands from the PRC that the U.S. following legally non-binding Three Joint Communiques and the U.S. government's proclaimed One-China policy (which differs from the PRC's One-China Policy). The Taiwan Relations Act does not require the U.S. to intervene militarily if the PRC attacks or invades Taiwan, and the U.S. has adopted a policy of "strategic ambiguity" in which the U.S. neither confirms nor denies that it would intervene in such a scenario.
] Reactions to TRA
The PRC does not recognize the legitimacy of the Taiwan Relations Act as it is viewed by them as "an unwarranted intrusion by the United States into the internal affairs of China."[2] The Three Joint Communiques were signed in 1972, 1979, and 1982. The United States declared that "the United States would not formally recognize Chinese sovereignty over Taiwan" as part of the Six Assurances offered to Taipei in 1982. In the late 1990s, the United States Congress passed a non-binding resolution stating that relations between Taiwan and the United States will be honored through the TRA first. This resolution, which puts greater weight on the TRA's value over that of the three communiques, was signed by President Bill Clinton as well.[
After reading America's self-imposed Taiwan Relations Act I wonder if Americans feel like the Chinese bearing this unreasonable act forever? 30 years pass by situation have changed and the China is no longer a communism country. Taiwan is safe now and also closer to the mainland China.. its time for the clever American leaders to hand over the Taiwan to China with the conditional instead of let it go free later.
The Taiwan Relations Act is an act of the United States Congress passed in 1979 after the establishment of relations with the People's Republic of China (PRC) and the breaking of relations between the United States and the Republic of China (ROC) on the island of Taiwan by President Jimmy Carter. It more clearly defines the American position on Taiwan and its cross-strait relationship with Beijing.
Provisions
The act authorizes quasi-diplomatic relations with the ROC government by giving special powers to the American Institute in Taiwan to the level that it is the de facto embassy, and states that any international obligations previously made between the ROC and U.S. before 1979 are still valid unless otherwise terminated. One agreement that was unilaterally terminated by President Carter upon the establishment of relations was the Sino-American Mutual Defense Treaty; that termination was the subject of the Supreme Court case Goldwater v. Carter.
The act provides for Taiwan to be treated under U.S. laws the same as "foreign countries, nations, states, governments, or similar entities". The act provides that for most practical purposes of the U.S. government, the absence of diplomatic relations and recognition will have no effect.[1]
The act defines the term "Taiwan" includes, as the context may require, the islands of Taiwan (the main Island) and Penghu, which form the Taiwan Province of the Republic of CHina. The act does not apply to Jinmen or Matsu.
The act stipulates that the United States will "consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States" but does not mandate that the United States intervene in these situations.
This act also requires the United States "to provide Taiwan with arms of a defensive character", and "to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan." Successive U.S. administrations have sold arms to the ROC in compliance with the Taiwan Relations Act despite demands from the PRC that the U.S. following legally non-binding Three Joint Communiques and the U.S. government's proclaimed One-China policy (which differs from the PRC's One-China Policy). The Taiwan Relations Act does not require the U.S. to intervene militarily if the PRC attacks or invades Taiwan, and the U.S. has adopted a policy of "strategic ambiguity" in which the U.S. neither confirms nor denies that it would intervene in such a scenario.
] Reactions to TRA
The PRC does not recognize the legitimacy of the Taiwan Relations Act as it is viewed by them as "an unwarranted intrusion by the United States into the internal affairs of China."[2] The Three Joint Communiques were signed in 1972, 1979, and 1982. The United States declared that "the United States would not formally recognize Chinese sovereignty over Taiwan" as part of the Six Assurances offered to Taipei in 1982. In the late 1990s, the United States Congress passed a non-binding resolution stating that relations between Taiwan and the United States will be honored through the TRA first. This resolution, which puts greater weight on the TRA's value over that of the three communiques, was signed by President Bill Clinton as well.[
After reading America's self-imposed Taiwan Relations Act I wonder if Americans feel like the Chinese bearing this unreasonable act forever? 30 years pass by situation have changed and the China is no longer a communism country. Taiwan is safe now and also closer to the mainland China.. its time for the clever American leaders to hand over the Taiwan to China with the conditional instead of let it go free later.
废除台湾关系法
我不知道有几个美国人包括奥巴马总统,曾经读过这个台湾关系法条文?为了让人们容易了解及思构这个台湾关系法的存在,我决意将其如下翻译原文印给大家参阅,特别是奥巴马总统,好让他考虑是否应该将这个30年久,已经没有作用的法律废除以便和中国换取,更好更多的利益,和实现他要改变美国政策的意愿:
《台灣關係法》(英語:Taiwan Relations Act;縮寫:TRA;中國大陸媒體亦常譯作「與台灣關係法」)是一部現行的美國國內法。1979年,美國與在台灣的中華民國政府斷交而與中華人民共和國政府建交後,美國國會制定此法並由美國總統簽署生效,以規範往後的美台關係。因應美台雙方交流無法以「國際條約」為之,而以美國國內法形式制訂,規範美國政府(對國際無效力),其目的在於取代遭廢除的《中美共同防禦條約》(Sino-American Mutual Defense Treaty)。台灣關係法於1979年HYPERLINK "/w/index.php?title=4%E6%9C%8810%E6%97%A5&variant=zh-tw"4月10日經美國總統HYPERLINK "/w/index.php?title=%E5%90%89%E7%B1%B3%C2%B7%E5%8D%A1%E7%89%B9&variant=zh-tw"吉米·卡特簽署生效。美國訂定台灣關係法的要旨為:「我們支持一個中國政策,但統一如何以和平方式達成要靠雙方進行兩岸對話。如果中共企圖以武力而非對話來達成,美國將提供軍事物資使它無法成功。」該法規定,如果中國試圖通過武力統一台灣,將是對「西太平洋地區和平與穩定的重大威脅」。另一方面,根據該法,美國得以在台灣設立美國在台協會。值得注意的是,該法15條延續了《中美共同防禦條約》的宗旨,「臺灣」一詞僅包括臺灣及澎湖列島,而不包含中華民國實際治理的金門、烏坵、馬祖、東引、東沙、南沙群島。台灣關係法亦未表示美國對台灣主權現狀的認定以及未來歸屬的看法,只是一個規範美國政府對華政策的法律。[編輯] 爭議美國政府宣稱,美國政府官方對於台灣問題的立場是基於「中美三個聯合公報和《台灣關係法》」。但是,中華人民共和國政府方面始終認為該法干涉中國內政,而反對該法,並堅持遊説美國參議院、眾議院修改或廢除該法。中華民國方面則不十分滿意該法對於台美雙方之關係規範不夠明確,因而曾一度推動美國國會訂立更為明確的《台灣安全加強法》以取代《台灣關係法》,但此案最後無疾而終。[編輯] 主要功能《台灣關係法》具有三個主要功能:一、記載美國對臺灣政策的目標,包括維持台海和平穩定,維持台海現狀,維持美台商業及文化關係、保障人權與臺灣安全。法律中明確指出任何企圖以非和平方式(包括杯葛或禁運)解決臺灣未來的作為,均會威脅太平洋和平與安全,美國將嚴重關切;美國將繼續提供防衛性武器給臺灣;美國也將抵抗任何訴諸武力,或使用其他高壓手段,危及臺灣人民安全與社會HYPERLINK "/w/index.php?title=%E7%B6%93%E6%BF%9F&variant=zh-tw"經濟制度的行動。但並未表示,一旦台海發生戰亂,美軍有義務出兵護台,亦未明確表示,如果台海危機是由台灣方面挑起,美方應具體如何回應。二、在無外交關係的情況下,維持臺美間經貿關係。將臺灣比照其他主權國家辦理。三、授權成立美國在台協會(American Institute in Taiwan;AIT)以代表新關係中的美方.
读了这个美国单方面成立的法律,假定你是中国人,你会有何感想?中国领导人,会永远忍气吞声吗?如果迫于形势非对台湾动武不可,美国能够付得起保护台湾的代价吗? 经过30年的改变,中国实际上已经再不是一个共产国家了,台湾不但安全和大陆也更接近了,聪明的美国领导人,是应该考虑把台湾有条件归还中国的时候了,以免日后一无所得!
10 comments:
Mr Liu,
The Taiwan Relation Act is a treaty between Taiwan and the USA.You seem to imply that USA should rescind it without the consent of Taiwan.This is not how interantional relations are managed.
You need to ask yourself whether the majority of Taiwanese want to rescind this Act.
Robert
Robert.
Please read the Act carefully, this
act was self-imposed by the U.S. gorvernment its not an agreement with Taiwan if the U.S. wanted to rescind it for their own benefit, i don't think the U.S. will care with or without the consent of Taiwan.
All Chinese including Taiwan and oversea Chinese would be pleased
if America decided to rescind The Taiwan relations act except a small part of Taiwanese and some banana Chinese.
ST.Liu
Mr Liu,
Was there a referendum conducted in Taiwan to determine how many Taiwanese want to rescind the Act?
Was there a similar referendum conducted to gauge the sentiments of overseas Chinese around the abolition of the Act?
To convince your readers you must provide verifiable figures.
Robert
Robert.
Even all Taiwanese are objected to the rescind of the Taiwan relations act but for the benefit of the Americans, The U.S. president should take my suggestion to do it.
Any sensible Chinese including Chinese educated Singaporeans would surely be happy to see any good will done by the U.S.new president toward China.
Stliu
Mr liu,
you have finally agreed that US cannot unilaterally rescind the Act without inputs from Taiwan.
I suspect that most Taiwanese do not want to be part of China under the current circumstances.I used the word "suspect" because i do not have poll figures to back up my statement.But common sense suggests that this is the case.
Taiwanese must decide,in the final analysis,whether they want their country to be part of China;no one else can.
Robert.
I never agreed with you that if America wanted to rescind the Taiwan relations act must get the consent from Taiwan. The Taiwan relations act is self-imposed by the America.Taiwanese have no say
on this matter its all up to America.
I repeat: even all Taiwanese are objected to the rescind of thier act it all depend on the policy decision of the America.
My suggestions to America' new president to rescind the Taiwan relations act is worthwhile to consider.
ST Liu
Mr liu,How can US impose the Act on Taiwan without Taiwan's consent?
Most Taiwanese do not want unity with China now.This is a fact that China has accepted,which is why it has adopted a peaceful approach rather than a confrontation one.
Robert,
This question,you should ask the America and read the Taiwan Relation Act carefully.
You are wrong, the China accepted a peaceful approach for unity with the Taiwan because of the existing of the Taiwan Relation Act imposed by the USA therefore i strongly suggest that the US government should rescind the Taiwan Relation Act early possible for the benefit of both country the US and the China.
ST. Liu
Got to lobby to rescind such an Act..expensive process. No compelling reason for US to do it now.. Any the Act is a paper tiger!!
dear, Anonymous.
When Americans realize that to recind such act is to their benefit
as i suggest they may do so.
Thank you for your comment.
ST.Liu
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